Kelsey v. J. W. Ringrose Net Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. The plaintiff purchased from the defendant a power-driven tipping machine which was calculated to automatically place metal tips on the ends of the strands of horse fly-nets which plaintiff was engaged in manufacturing.
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Circuit Judge. The plaintiff purchased from the defendant a power-driven tipping machine which was calculated to automatically place metal tips on the ends of the strands of horse fly-nets which plaintiff was engaged in manufacturing. The purchase price of the machine was paid in advance and the plaintiff endeavored for a considerable length of time to operate it, and finding that it would not work satisfactorily tendered the machine to the defendant and gave notice that he elected to rescind the contract to…
1Opinion of the CourtBaeNes, J.
Tbe machine involved was built for a special purpose. There were only about half a dozen such machines in use when the plaintiff made his purchase. It was not sold under any express warranty. It is settled in this state that under such circumstances the law implies a warranty that the machine will do the work which it was intended to do. Boothby v. Scales, 27 Wis. 626; Fisk v. Tank, 12 Wis. 276; Logeman Bros. Co. v. R. J. Preuss Co. 131 Wis. 122, 111 N. W. 64; Merrill v. Nightingale, 39 Wis. 247.
Where such an article is sold without 'express warranty the purchaser has a reasonable time within…
2Cases cited14 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Fisk v. TankWisconsin Supreme Court · 1860
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Gammon v. AbramsWisconsin Supreme Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Giant Mfg. Co. v. Yates-American Mach. Co.Court of Appeals for the Eighth Circuit · 1940
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
- Fox v. BoldtWisconsin Supreme Court · 1920
5 more not listed; retrieve them via the Exa API.